Process of urban old district reconstruction project

Legal analysis: 1, the project is established. The town government that needs to transform the village in the city submits an "application for old reform" to the district old reform office, which makes an examination and approval, and then submits it to the district government for examination and approval. After the approval of the district government, it can be said that the project has been completed.

2. Approval and publicity. After the completion of the project, the town government will determine and verify the scope of the old reform, and check the ownership of the property within the scope, and prepare the preliminary planning and design of the old reform. The district old reform office conducts evaluation and audit according to the old reform plan of the town government. On this basis, draw up a more detailed and specific plan. Go to the district government The district government approved and announced the plan. The contents of the scheme publicized by the district government include the detailed planning of the old reform, the compensation scheme for demolition and relocation, and the resettlement scheme. It is also necessary to consult the public and require the consent of more than 90% of the villagers.

3, bidding, determine the developer. The government released the project and all the real estate developers came to bid. The bid evaluation party includes villagers' representatives, town government representatives, district old reform group representatives and land and resources bureau representatives.

4. Take the land. The developer confirmed that the Bureau of Land and Resources signed a land transfer and requisition agreement with the Old Reform Office, and at the same time, the developer got a land site selection opinion and a construction land planning permit from the land planning unit.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 344 The owner of the right to use construction land shall have the right to possess, use and profit from the land owned by the state according to law, and shall have the right to use the land to build buildings, structures and ancillary facilities.

Article 345 The right to use construction land may be established on the surface, above ground or underground of the land.

Article 346 The establishment of the right to use construction land shall conform to the requirements of conserving resources and protecting the ecological environment, abide by the provisions of laws and administrative regulations on land use, and shall not damage the established usufructuary right.

Article 347 The right to use construction land may be established by transfer or allocation.

Industrial, commercial, tourism, entertainment, commercial housing and other business land, as well as the same piece of land with more than two intentions, should be sold through public bidding, auction and other means.

Strictly restrict the establishment of the right to use construction land by means of allocation.

Article 348 Where the right to use construction land is established by bidding, auction or agreement, the parties concerned shall conclude a contract for assignment of the right to use construction land in writing.